BILL NUMBER: SB 103	CHAPTERED  08/30/99

	CHAPTER   265
	FILED WITH SECRETARY OF STATE   AUGUST 30, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	PASSED THE ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN SENATE   APRIL 5, 1999
	AMENDED IN SENATE   MARCH 15, 1999

INTRODUCED BY   Senator Johannessen and Assembly Member Hertzberg
   (Coauthors:  Senators Karnette and Ortiz)
   (Coauthors:  Assembly Members Alquist, Dickerson, Longville, and
Margett)

                        DECEMBER 9, 1998

   An act to amend Section 399.5 of the Penal Code, relating to dog
bites.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 103, Johannessen.  Dog bites:  penalties.
   Existing law provides, except as specified, that when any person
owns or has custody or control of a dog trained to fight, attack, or
kill, and, if as a result of that person's failure to exercise
ordinary care, the dog bites a human being on 2 separate occasions,
or on one occasion causing substantial physical injury, that person
is guilty of a misdemeanor.
   This bill would provide that the offense is punishable as a felony
or misdemeanor.  This bill would impose a state-mandated local
program by increasing local prosecution costs.
   This bill would also provide that the above-described provisions
of law do not apply to a veterinarian, an on-duty animal control
officer, or peace officer assigned to a canine unit.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as "Cody's
Law."
  SEC. 2.  Section 399.5 of the Penal Code is amended to read:
   399.5.  (a) Any person owning or having custody or control of a
dog trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in the state prison for two,
three, or four years, or in a county jail not to exceed one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
the fine and imprisonment, if, as a result of that person's failure
to exercise ordinary care, the dog bites a human being, on two
separate occasions or on one occasion causing substantial physical
injury.  No person shall be criminally liable under this section,
however, unless he or she knew or reasonably should have known of the
vicious or dangerous nature of the dog, or if the victim failed to
take all the precautions that a reasonable person would ordinarily
take in the same situation.
   (b) Following the conviction of an individual for a violation of
this section, the court shall hold a hearing to determine whether
conditions of the treatment or confinement of the dog or other
circumstances existing at the time of the bite or bites have changed
so as to remove the danger to other persons presented by the animal.
The court, after hearing, may make any order it deems appropriate to
prevent the recurrence of such an incident, including, but not
limited to, the removal of the animal from the area or its
destruction if necessary.
   (c) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) based on a bite or bites inflicted
upon a trespasser, upon a person who has provoked the dog or
contributed to his or her own injuries, or by a dog used in military
or police work if the bite or bites occurred while the dog was
actually performing in that capacity. As used in this subdivision,
"provocation" includes, but is not limited to, situations where a dog
held on a leash by its owner or custodian reacts in a protective
manner to a person or persons who approach the owner or custodian in
a threatening manner.
   (d) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 399 or any other
provision of law.
   (e) This section shall not apply to a veterinarian or an on-duty
animal control officer while in the performance of his or her duties,
or to a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, if he or she is assigned to a
canine unit.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
